(a)

The location and boundaries of the zoning districts established herein are shown on the map entitled "Official Zoning District Map of the Town of Fraser, Colorado", which map is hereby made a part of this Article by reference. A copy of the Official Zoning District Map shall be kept on file in the office of the Town Clerk.

(b)

Except where otherwise indicated, zone district boundaries shall follow municipal corporation limits, section lines, one-quarter (¼) section lines, one-half (½) section lines, platted lot lines, and center lines of streets, alleys, roads, highways, channelized waterways, or extensions thereof.

(1)

For non-subdivided property or where a zone district boundary divides a lot or parcel, the location of such boundary, unless indicated by dimension, shall be determined by the scale of the Official Zoning Map.

(2)

Where a zone district boundary coincides with a right-of-way line and the right-of-way is abandoned, the zone district boundary shall then follow the centerline of the former right-of-way.

(3)

Land which is not indicated as being in any zone district shall be considered to be included in the most restricted adjacent zone district even when such district is separated from the land in question by a public road, railroad, or utility right-of-way.

(4)

The Town Staff shall have the authority to review, interpret, and determine any boundary disputes pursuant to this Section.

(Ord. 452 §1(Exh. A), 2018)

In order to carry out the provisions of this Article, there are hereby created the following zoning districts into which the Town is now and in the future may be divided:

(1)

Open Space (OS) District.

(2)

Rural Density (RD) District.

(3)

Low Density Single-Family Residential (LDSF) District.

(4)

Low Density Multi-Family Residential (LDMF) District.

(5)

Medium Density Single-Family Residential (MDSF) District.

(6)

Medium Density Multi-Family Residential (MDMF) District.

(7)

High Density Multi-Family Residential (HDMF) District.

(8)

Business (B) District.

(9)

Riverwalk (RW) District.

(10)

Trade Industry (TI) District.

(11)

St. Louis Landing (SLL) Overlay District.

(Ord. 452 §1(Exh. A), 2018; Ord. 524 Part 1, 2025)

(a)

Intent. The purpose of the Open Space District is to preserve designated open space for park or recreational purposes, scenic areas and vistas, and areas of scientific, historic, aesthetic or other public interest. To qualify as designated open space, the land parcel must be either:

(1)

Environmentally sensitive lands, including but not limited to wetlands, riparian areas or critical habitat identified by the U.S. Army Corps of Engineers, the Colorado Division of Parks and Wildlife, or the Natural Heritage Program;

(2)

High natural hazard areas, including but not limited to the one-hundred-year floodplain, red avalanche hazard area, high rock fall hazard area and high debris flow hazard area; or

(3)

Town park land that provides aesthetic values or outdoor recreation opportunities.

(b)

Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-340. Accessory uses and structures shall be in conformance with Section 19-2-320. Temporary land uses are as shown in Table 2.12 and shall be in conformance with Section 19-2-330.

(c)

District standards. Lot and building requirements for principal structures shall be as shown in Table 2.1.

TABLE 2.1

Open Space District Standards

(d)

Development of designated open space. The Board of Trustees may adopt rules and regulations consistent with the provisions of this Section to regulate the use of designated open space by the public, to protect and preserve such lands and to promote the public health, safety and general welfare of those persons utilizing designated open space.

(1)

Town Staff shall have the authority to issue written permits reserving park lands or structures included in designated open space for temporary use by individuals or groups. When no permit has been issued, the use of such areas that are open to the public shall follow generally the rules of first-come, first-served, except as otherwise provided in any rules and regulations adopted pursuant to this Section.

(2)

Any section, part or the whole of any land or structures included in designated open space may be declared closed to the public by the Town Staff at an time and for any interval of time, whether temporarily or at regular and stated intervals, daily or otherwise, and whether entirely or merely to certain uses, as the Town Staff shall find reasonable and necessary.

(3)

It shall be unlawful for any person to perform any of the following acts within or upon designated open space:

a.

To cut, mark, remove, break or climb upon or in any way injure, damage or deface the trees, shrubs, plants, turf or any of the building, fences, bridges or other structures;

b.

To pick or take away any vegetation;

c.

To build or place any tent, building, booth, stand or other structure without first having obtained a permit to do so from the Town Staff;

d.

To build, light, make or use any fires, except in fireplaces and grills constructed for such purpose and under such rules and regulations as may be prescribed in this Section, or to leave any area without first having completely extinguished fires;

e.

To bring in or deposit any fill or other materials on designated open space, except upon the express written consent of the Town Staff;

f.

To deposit, throw or leave any litter, except in a receptacle or container provided for such purpose. If no receptacles are available, litter shall be carried away from the area to be properly disposed of elsewhere.

g.

To fail to observe or respect written permits issued by the Town Staff;

h.

To violate any rule or regulation promulgated pursuant to this Section.

(e)

Additional provisions for dedicated open space.

(1)

No designated open space may be sold, leased, traded or otherwise conveyed, nor may the designation as open space be revoked, until such disposal has been approved as provided in this Section.

(2)

Any proposed sale, lease, trade, alienation, partition or revocation of open space designation of any one (1) or more parcels of designated open space shall be submitted to a vote of the registered electors for their acceptance or rejection at a regular or special Town election, in accordance with the provisions of Section 31-15-713(1)(a), C.R.S., or any successor statute governing the disposal of municipal real property held for a governmental purpose.

a.

The Board of Trustees may refer such a proposal to the electors by adopting an ordinance setting forth the question to be referred, which shall include a description of the designated open space affected, the proposed disposition and the terms and consideration therefor.

b.

Every such ordinance shall require the affirmative vote of three-fourths (¾) of the entire Board of Trustees for passage.

c.

Copies of the proposed ordinance to dispose of designated open space shall be made available to the public within a reasonable time before the election and also at the polls at the time of the election.

(f)

Signs shall be permitted in the Open Space District in accordance with Article 6 of this Chapter.

(Ord. 452 §1(Exh. A), 2018)

(a)

Intent. The purpose of the Rural Density District is to provide a very low density residential environment that retains a rural atmosphere and accommodates single-family dwellings, park facilities, farming and ranching structures, reservoirs, dams, and water diversions.

(b)

Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-340. Accessory uses shall be in conformance with Section 19-2-320(a). Temporary land uses are as shown in Table 2.12 and shall be in conformance with Section 19-2-330.

(c)

District standards. Lot and building requirements for principal structures shall be as shown in Table 2.2.

TABLE 2.2

Rural Density District Standards

(d)

Accessory structures. Building requirements for accessory structures shall be as shown for principal structures in Table 2.2. All accessory structures shall be in conformance with the provisions of Section 19-2-320(b), except accessory dwelling units, which shall be in conformance with Section 19-2-470.

(e)

All site development in the Rural Density District, including parking, landscaping, lighting, fencing, and building design, shall be in accordance with Article 4 of this Chapter.

(f)

Signs shall be permitted in the Rural Density District in accordance with Article 6 of this Chapter.

(Ord. 452 §1(Exh. A), 2018)

(a)

Intent. The purpose of the Low Density Single-Family Residential District is to provide for low density residential neighborhoods that accommodate single-family dwellings, parks and low-impact community facilities.

(b)

Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-340. Accessory uses shall be in conformance with Section 19-2-320(a). Temporary land uses are as shown in Table 2.12 and shall be in conformance with Section 19-2-330.

(c)

District standards. Lot and building requirements for principal structures shall be as shown in Table 2.3.

TABLE 2.3

Low Density Single-Family Residential District Standards

(d)

Accessory structures. Building requirements for accessory structures shall be as shown for principal structures in Table 2.3, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 19-2-320(b), except accessory dwelling units, which shall be in conformance with Section 19-2-470.

(e)

All site development in the Low Density Single-Family Residential District, including parking, landscaping, lighting, fencing, and building design, shall be in accordance with Article 4 of this Chapter.

(f)

Signs shall be permitted in the Low Density Single-Family Residential District in accordance with Article 6 of this Chapter.

(Ord. 452 §1(Exh. A), 2018)

(a)

Intent. The purpose of the Low Density Multi-Family Residential District is to provide for low density residential neighborhoods that accommodate single-family and certain multi-family dwellings, parks and low-impact community facilities, where not more than four (4) dwelling units are desired within a building or on a single parcel of land.

(b)

Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-340. Accessory uses shall be in conformance with Section 19-2-320(a). Temporary land uses are as shown in Table 2.12 and shall be in conformance with Section 19-2-330.

(c)

District standards. Lot and building requirements for principal structures shall be as shown in Table 2.4.

TABLE 2.4

Low Density Multi-Family Residential District Standards

(d)

Accessory structures. Building requirements for accessory structures shall be as shown for principal structures in Table 2.4, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 19-2-320(b), except accessory dwelling units, which shall be in conformance with Section 19-2-470.

(e)

All site development in the Low Density Multi-Family Residential District, including parking, landscaping, lighting, fencing, and building design, shall be in accordance with Article 4 of this Chapter.

(f)

Signs shall be permitted in the Low Density Multi-Family Residential District in accordance with Article 6 of this Chapter.

(g)

Required open space. For residential multi-family development consisting of condominiums, townhomes or apartments, the minimum required open space shall be thirty-five percent (35%) of the gross land area. Of the thirty-five percent (35%) required open space, fifteen percent (15%) shall consist of landscaping consistent with the standards in Section 19-4-160 of this Chapter.

(Ord. 452 §1(Exh. A), 2018)

(a)

Intent. The purpose of the Medium Density Single-Family Residential District is to provide for medium density residential neighborhoods that accommodate a wide variety of single-family dwelling types, parks and low-impact community facilities, where not more than two (2) single-family units are to be attached in one (1) structure on individually deeded and platted lots.

(b)

Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-340. Accessory uses shall be in conformance with Section 19-2-320(a). Temporary land uses are as shown in Table 2.12 and shall be in conformance with Section 19-2-330.

(c)

District standards. Lot and building requirements for principal structures shall be as shown in Table 2.5

TABLE 2.5

Medium Density Single-Family Residential District Standards

(d)

Accessory structures. Building requirements for accessory structures shall be as shown for principal structures in Table 2.5, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 19-2-320(b), except accessory dwelling units, which shall be in conformance with Section 19-2-470.

(e)

All site development in the Medium Density Single-Family Residential District, including parking, landscaping, lighting, fencing, and building design, shall be in accordance with Article 4 of this Chapter.

(f)

Signs shall be permitted in the Medium Density Single-Family Residential District in accordance with Article 6 of this Chapter.

(g)

Additional provisions:

(1)

Whenever the principal use is a school, church, or day care center, all requirements of Section 19-2-225(c) of this Article will supersede Subsection (c) above.

(2)

Each dwelling unit on a zero lot line shall have its own deeded and platted lot.

(3)

Single-family attached dwellings straddling a common lot line must have separate walls for each unit next to the line. A party wall maintenance agreement must accompany all applications for single-family dwellings that are to be connected by a party wall. No opening of any kind may be made in any party wall.

(Ord. 452 §1(Exh. A), 2018)

(a)

Intent. The purpose of the Medium Density Multi-Family Residential District is to provide for mid-density residential neighborhoods that accommodate single-family and certain multi-family dwellings, parks and low-impact community facilities, where:

(1)

Not more than four (4) dwelling units are desired within a building or on a single parcel of land, except;

(2)

Where contiguous lots of property are combined by vacating common lot lines with the intent to create one (1) single parcel, the number of units allowed within a principal building on the consolidated parcel will be limited to the number of units that were allowed to the original individual lots, not to exceed twelve (12) dwelling units.

(b)

Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-340. Accessory uses shall be in conformance with Section 19-2-320(a). Temporary land uses are as shown in Table 2.12 and shall be in conformance with Section 19-2-330.

(c)

District standards. Lot and building requirements for principal structures shall be as shown in Table 2.6.

TABLE 2.6

Medium Density Multi-Family Residential Standards

(d)

Accessory structures. Building requirements for accessory structures shall be as shown for principal structures in Table 2.6, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 19-2-320(b), except accessory dwelling units, which shall be in conformance with Section 19-2-470.

(e)

All site development in the Medium Density Multi-Family Residential District, including parking, landscaping, lighting, fencing, and building design, shall be in accordance with Article 4 of this Chapter.

(f)

Signs shall be permitted in the Medium Density Multi-Family Residential District in accordance with Article 6 of this Chapter.

(g)

Required open space. For residential multi-family development consisting of condominiums, townhomes or apartments, the minimum required open space shall be thirty-five percent (35%) of the gross land area. Of the thirty-five percent (35%) required open space, fifteen percent (15%) shall consist of landscaping consistent with the standards in Section 19-4-160 of this Chapter.

(Ord. 452 §1(Exh. A), 2018)

(a)

The purpose of the High Density Multi-Family Residential District is to provide a zoning district for the highest density of dwelling units, where up to a maximum of twenty (20) dwelling units per acre may be permitted on a single parcel of land.

(b)

Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-340. Accessory uses shall be in conformance with Section 19-2-320(a). Temporary land uses are as shown in Table 2.12 and shall be in conformance with Section 19-2-330.

(c)

District standards. Lot and building requirements for principal structures shall be as shown in Table 2.7.

TABLE 2.7

High Density Multi-Family Residential District Standards

(d)

Accessory structures. Building requirements for accessory structures shall be as shown for principal structures in Table 2.7. All accessory structures shall be in conformance with the provisions of Section 19-2-320(b), except accessory dwelling units, which shall be in conformance with Section 19-2-470.

(e)

All site development in the High Density Multi-Family Residential District, including parking, landscaping, lighting, fencing, and building design, shall be in accordance with Article 4 of this Chapter.

(f)

Signs shall be permitted in the High Density Multi-Family Residential District in accordance with Article 6 of this Chapter.

(g)

Required open space. For residential multi-family development consisting of condominiums, townhomes or apartments, the minimum required open space shall be thirty-five percent (35%) of the gross land area. Of the thirty-five percent (35%) required open space, fifteen percent (15%) shall consist of landscaping consistent with the standards in Section 19-4-160 of this Chapter.

(h)

Affordable housing incentives. The zoning standards in the High Density Multi-Family Residential District may be modified subject to the requirements and provisions of Section 19-2-275.

(Ord. 452 §1(Exh. A), 2018; Ord. 524 Part 1, 2025)

(a)

Intent. The purpose of the Business District is to provide for a wide variety of highway commercial, community retail, personal service, general office and other business uses.

(b)

Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-340. Accessory uses shall be in conformance with Section 19-2-320(a). Temporary land uses are as shown in Table 2.12 and shall be in conformance with Section 19-2-330.

(c)

District standards. Lot and building requirements for principal structures shall be as shown in Table 2.8.

TABLE 2.8

Business District Standards

(d)

Accessory structures. Building requirements for accessory structures shall be as shown for principal structures in Table 2.8, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 19-2-320(b), except accessory dwelling units, which shall be in conformance with Section 19-2-470.

(e)

All site development in the Business District, including parking, landscaping, lighting, fencing, and building design, shall be in accordance with Article 4 of this Chapter.

(f)

Signs shall be permitted in the Business District in accordance with Article 6 of this Chapter.

(g)

Required open space. For residential multi-family development consisting of condominiums, townhomes or apartments, the minimum required open space shall be thirty-five percent (35%) of the gross land area. Of the thirty-five percent (35%) required open space, fifteen percent (15%) shall consist of landscaping consistent with the standards in Section 19-4-160 of this Chapter.

(h)

Affordable housing incentives. The zoning standards in the Business District may be modified subject to the requirements and provisions of Section 19-2-275.

(Ord. 452 §1(Exh. A), 2018; Ord. 524 Part 1, 2025)

(a)

Intent. The purpose of the Riverwalk District is to provide for development that fosters the creation of a high density, walkable, mixed-use neighborhood which will integrate Fraser's historic downtown with the Fraser River and generate opportunities for downtown redevelopment, affordable housing and economic revitalization. This zone district is envisioned to have ground floor commercial positioned closely to the street to create a vibrant Town Center. On-site parking should be located away from pedestrian areas as much as feasible in order to activate uses along the street and Fraser River and promote the walkable nature of the district.

(b)

Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-340. Accessory uses shall be in conformance with Section 19-2-320(a). Temporary land uses are as shown in Table 2.12 and shall be in conformance with Section 19-2-330.

(c)

District standards. Lot and building requirements for principal structures shall be as shown in Table 2.09.

TABLE 2.9

Riverwalk District Standards

(d)

Accessory structures. Building requirements for accessory structures shall be as shown for principal structures in Table 2.9, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 19-2-320(b).

(e)

All site development in the Riverwalk District, including parking, landscaping, lighting, fencing, and building design, shall be in accordance with Article 4 of this Chapter.

(f)

Signs shall be permitted in the Riverwalk District in accordance with Article 6 of this Chapter.

(g)

Additional provisions:

(1)

All properties with frontage on Highway 40 (Zerex Street) or Clayton Court shall have ground floor commercial uses along the street frontages. These commercial uses shall be required for a minimum of the first twenty (20) feet in depth of the structure. Vehicular or pedestrian circulation and building mechanical equipment may be located within this twenty (20) feet. Ground floor commercial uses shall conform to the building design standards in Section 19-4-190 of this Chapter.

(2)

The maximum residential density of twenty (20) dwelling units per acre may be increased to as much as forty (40) dwelling units per acre if at least forty percent (40%) of the ground floor of the structure is commercial.

(h)

Affordable Housing Incentives. The zoning standards in the Riverwalk District may be modified subiect to the requirements and provisions of Section 19-2-275.

(Ord. 452 §1(Exh. A), 2018; Ord. 501 Part 1, 2023; Ord. 510 Part 1, 2024; Ord. 524 Part 1, 2025)

(a)

Intent. The purpose of the Trade Industry District is to provide for low-intensity industrial, wholesale and light manufacturing operations in locations that are compatible with Fraser's developed residential and commercial areas.

(b)

Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-340. Accessory uses shall be in conformance with Section 19-2-320(a). Temporary land uses are as shown in Table 2.12 and shall be in conformance with Section 19-2-330.

(c)

District standards. Lot and building requirements for principal structures shall be as shown in Table 2.10.

TABLE 2.10

Trade Industry District Standards

(d)

Accessory structures. Building requirements for accessory structures shall be as shown for principal structures in Table 2.10. All accessory structures shall be in conformance with the provisions of Section 19-2-320(b).

(e)

All site development in the Trade Industry District, including parking, landscaping, lighting, fencing, and building design, shall be in accordance with Article 4 of this Chapter.

(f)

Signs shall be permitted in the Trade Industry District in accordance with Article 6 of this Chapter.

(Ord. 452 §1(Exh. A), 2018)

(a)

Intent. The purpose of the St. Louis Landing Overlay District is to provide for creating a unique, walkable neighborhood that brings additional housing options within proximity to downtown Fraser.

(b)

Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19-2-340. Accessory uses shall be in conformance with Section 19-2-320(a). Temporary land uses are as shown in Table 2.12 and shall be in conformance with Section 19-2-330.

(c)

District standards. Lot and building requirements for principal structures shall be as shown in Table 2.11.

TABLE 2.11

St. Louis Landing Overlay District Standards

(d)

Accessory structures. Building requirements for accessory structures shall be as shown for principal structures in Table 2.11, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 19-2-320(b).

(e)

All site development in the St. Louis Landing Overlay District, including parking, landscaping, lighting, fencing, and building design, shall be in accordance with Article 4 of this Chapter.

(f)

Signs shall be permitted in the St. Louis Landing Overlay District in accordance with Article 6 of this Chapter.

(g)

Minimum required open space. For residential development consisting of condominiums, townhomes or apartments, the minimum required open space shall be thirty-five percent (35%) of the gross land area. Of the thirty-five percent (35%) required open space, fifteen percent (15%) shall consist of a landscaping plan consistent with the standards in Section 19-4-160 of this Chapter.

(h)

Row houses or other single-family dwellings straddling a common lot line must have separate walls for each unit next to the line. A party wall maintenance agreement must accompany all applications for dwellings that are to be connected by a party wall. No opening of any kind may be made in any party wall.

(i)

Each dwelling unit on a zero lot line shall have its own deeded and platted lot.

(j)

The rear setback for garages abutting a publicly dedicated alley with a width of no less than fifteen (15) feet may be set back as follows:

(1)

With an alley and doors opening directly onto the alley: Five (5) feet.

(2)

With an alley but with no doors opening directly onto the alley: Zero (0) feet.

(k)

Affordable Housing Incentives. The zoning standards in the St. Louis Landing Overlay District may be modified subject to the requirements and provisions of Section 19-2-275.

(Ord. 524 Part 1, 2025)

Editor's note— Ord. 524 Part 1, adopted July 2, 2025, amended § 19-2-265 in its entirety, in effect repealing and reenacting said § 19-2-265 to read as set out herein. The former § 19-2-265 pertained to Victoria Village Overlay District and derived from Ord. 452 §1(Exh. A), adopted in 2018; Ord. 491 Part 1, adopted in 2023.

(a)

General.

(1)

A building, structure, or lot shall not be developed, used, or occupied unless it meets the maximum height and minimum lot, yard, setback, and open space requirements set forth for the zoning district in which it is located, except as otherwise established in this Article or unless a variance has been granted.

(2)

All heights shall be measured in accordance with the definition of height in Section 19-2-610 of this Chapter.

(3)

A setback, lot area, lot width or open space required by this Article shall not be included as part of a setback, lot area, lot width or open space for another building or structure or lot, except as otherwise provided in this Article.

(4)

Setbacks shall be unoccupied and unobstructed by any structure or portion of a structure from thirty-six (36) inches above grade upward; provided, however, that fences, walls, trellises, poles, posts, ornaments, furniture and other customary yard accessories may be permitted in any setback subject to height limitations and requirements limiting obstruction of visibility.

(5)

No structure shall project into any required stream setback, easement or public right-of-way.

(6)

A side yard setback does not apply if the side wall of a structure is a party wall.

(b)

Projections into required yard setbacks. The following structures may project into required front, side or rear yard setbacks as follows:

(1)

Paved patios or terraces may project into any required yard setback, provided that no structures placed on them shall violate other requirements of this Article.

(2)

Unroofed landings, decks and stairs may project into required setbacks, provided that the floor shall not extend higher than thirty (30) inches above the finished grade level and the projection is at least five (5) feet from the lot line.

(3)

Fire escapes may project into a required rear yard not more than six (6) feet, provided the projection is at least five (5) feet from the lot line.

(4)

Unroofed exterior balconies may project into a required side or rear yard setback provided these projections are at least five (5) feet from the side lot line and ten (10) feet from the rear lot line.

(5)

Cornices, canopies, eaves, tongues and hitches for mobile homes, window wells, chimneys, bay windows, ornamental features, and other similar architectural features may project not more than three (3) feet into any required yard setback provided these projections are at least five (5) feet from the lot line.

(6)

Roofs over porches, stairways, landings, terraces, or other exterior approaches to pedestrian doorways may project up to six (6) feet into a front yard setback, provided that the roof projections shall comprise no more than fifty (50) percent of the total length of the building's facade. The covered porch or entrance area projecting into the front yard setback shall remain exterior to the building and enclosed by no more than a railing. The projection shall be at least five (5) feet from the property line.

(7)

Solar collection devices and equipment may project not more than eighteen (18) inches into a yard setback.

(8)

The Town Staff may allow the installation of handicap access ramps in required front, side, and rear yard setbacks. The design and placement of the ramps shall be reviewed to ensure that:

a.

The ramp has minimal visual impact on abutting properties;

b.

The width of the ramp does not exceed forty-eight (48) inches.

(9)

A private garage or carport may project into a required yard setback abutting an alley, provided the projection is at least five (5) feet from the property line. The private garage or carport shall be subject to the other requirements of this Article.

(c)

Height exceptions for appurtenances. Except as specifically provided elsewhere in this Article, the height limitations contained in this Article do not apply to spires, belfries, cupolas, chimneys, heating and ventilation equipment, elevator housings, stairwell towers or similar appurtenances; provided, however, the following:

(1)

The appurtenance does not interfere with FAA Regulations;

(2)

The appurtenance does not extend more than ten (10) feet above the maximum permitted building height, except for church belfries that must be of greater height in order to function; and

(3)

The appurtenance is not constructed for the purpose of providing additional floor area in the building.

(d)

Reduced lot size, width, setbacks and/or floor area. Reduced lot size, width, setback and/or floor area for a residential dwelling may be approved as a conditional use in accordance with Section 19-2-120 of this Article, subject to the following provisions:

(1)

The minimum lot area may be reduced to twenty-one hundred seventy-eight (2,178) [feet], with a minimum lot width of twenty (20) feet and a minimum side yard of five (5) feet.

(2)

The minimum floor area of the principal structure may be reduced to two hundred (200) square feet.

(Ord. 452 §1(Exh. A), 2018)

To encourage the voluntary preservation or development of dwelling units for the local workforce, the Town of Fraser has established the following incentives that allow for increased flexibility in specific zone district standards in exchange for deed restricting a portion of the dwelling units in the development property.

(1)

Applicability. These incentives are available in the following zone districts: High Density Multi-Family Residential (HDMF), Business (B), Riverwalk (RW), and St. Louis Landing Overlay (SLL). Granting of these incentives does not change the underlying zone district; the current zone district on the property will remain in effect. Any incentives described in this section may be requested and, if granted, will apply to the entire development site.

(2)

Application. A request for these incentives may be made by the property owner or by a representative with the owner's written consent. The request for incentives shall be included with a site plan application submitted in accordance with Section 19-2-110 and will be reviewed concurrently with the site plan application.

(3)

Criteria. To qualify for these incentives, the development must meet the following criteria:

a.

At least twenty percent (20%) of all dwelling units within the development are deed restricted in perpetuity through the Town of Fraser standard deed restriction covenant. The draft deed restriction agreement will be reviewed and approved as part of the site plan review. The units shall be restricted for occupancy by households earning a certain area median income (AMI) based on the following criteria:

1.

In the HDMF, B, and RW zone districts, the average Area Median Income (AMI) for deed restricted dwelling units that are for-rent shall be one hundred percent (100%) or less. The maximum AMI of any single deed restricted unit for-rent shall be one hundred forty percent (140%).

2.

In the SLL zone district, the average Area Median Income (AMI) for deed restricted dwelling units that are for-rent shall be eighty percent (80%) or less. The maximum AMI of any single deed restricted unit for-rent shall be one hundred twenty percent (120%).

3.

In all applicable zone districts, the average AMI for all deed restricted dwelling units that are for-sale shall be one hundred forty percent (140%) or less. The maximum AMI of any single deed restricted unit for-sale shall be one hundred sixty percent (160%).

b.

Each deed restricted affordable unit must have a gross floor area no more than fifteen percent (15%) smaller than the average market rate unit with the same number of bedrooms in the development. The deed restricted units shall have a similar bedroom-to-unit ratio as the market rate dwelling units within the development.

c.

Except where allowances are permitted as described in the incentives section below, all applicable zoning requirements and other site development standards have been met.

These criteria are summarized in Table 2.12 below.

TABLE 2.12

Affordable Housing Zoning Incentive Criteria

(4)

Incentives. Any proposed development that meets the criteria and standards in this Section shall be eligible to utilize the incentives described herein. All incentives are subject to the review and approval of the final reviewing body for the site plan per Table 1.1 in Section 19-1-210.

a.

Density. There shall be no maximum residential density. The development must conform to all other zoning and site design standards.

b.

Setbacks. Minimum setbacks allowed per the zone district may be reduced by as much as ten percent (10%).

c.

Maximum height. In the HDMF, B, and RW zone districts, a ten percent (10%) increase in the maximum building height of the zone district (e.g., a forty (40) foot maximum height would increase to forty-four (44) feet). Maximum height in the SLL zone district shall not exceed fifty-five (55) feet.

d.

Minimum open space. The minimum open space may be reduced to as low as fifteen percent (15%) of the gross land area of the development. Within the open space that is provided, at least fifteen percent (15%) shall consist of landscaping consistent with the standards of Section 19-4-160. For a mixed-use development within the RW zone, the minimum open space may be as low as five percent (5%).

e.

Required parking spaces. The minimum number of parking spaces for the development as required by Section 19-4-230 may be reduced by as much as ten percent (10%). This reduction may be cumulative with the other reductions and modifications allowed in Section 19-4-240.

These incentives are summarized in Table 2.13 below.

TABLE 2.13

Affordable Housing Zoning Incentives

(5)

Height bonus. In addition to the incentives previously described in this section with regards to density, setbacks, open space, and parking, a separate and distinct increase to the maximum allowable building height may be granted subject to the height bonus provisions described below.

a.

Applicability. The height bonus is available in the following zone districts: High Density Multi-Family Residential (HDMF), Business (B), and Riverwalk (RW). Granting of a height bonus does not change the underlying zone district; the current zone district on the property will remain in effect. Any incentives described in this section may be requested and, if granted, will apply to the entire development site.

b.

Application. A request for a height bonus may be made by the property owner or by a representative with the owner's written consent. The request for incentives shall be included with a site plan application submitted in accordance with Section 19-2-110 and will be reviewed concurrently with the site plan application.

c.

Criteria. To qualify for a height bonus, the development must meet the following criteria:

1.

At least thirty percent (30%) of all dwelling units within the development area deed restricted in perpetuity through the Town of Fraser standard deed restriction covenant. The draft deed restriction agreement will be reviewed and approved as part of the site plan review. Deed restricted units that are for-rent shall have an average AMI of one hundred percent (100%) of less. The maximum AMI of any single deed restricted unit for-rent shall be one hundred forty (140%). Deed restricted units that are for-sale shall have an average AMI of one hundred forty (140%) of less. The maximum AMI of any single deed restricted unit for-sale shall be one hundred sixty percent (160%).

2.

Each deed restricted affordable unit must have a gross floor area no more than fifteen percent (15%) smaller than the average market rate unit with the same number of bedrooms in the development. The deed restricted units shall have a similar bedroom-to-unit ratio as the market rate dwelling units within the development.

3.

Except where allowances are permitted as described in the incentives section below, all applicable zoning requirements and other site development standards have been met.

d.

Incentives. Any proposed development that meets the criteria and standards in this Section shall be eligible to receive an increase of no greater than ten (10) feet in the maximum building height of the zone district (e.g., a forty (40) foot maximum height would increase to fifty (50) feet). This increase of ten (10) feet may not be combined with the ten percent (10%) height increase allowed per Section 19-2-275(d)(3). All incentives are subject to the review and approval of the final reviewing body for the site plan per Table 1.1 in Section 19-1-210. In granting a height bonus, the final reviewing body may require architectural design features above and beyond the recommended guidelines contained in Section 19-4-190(a).

The height bonus is summarized in Table 2.14 below.

TABLE 2.14

Height Bonus Incentive

(Ord. 524 Part 1, 2025)